Legal Question in Immigration Law in North Carolina

Re: Immigration

What do you mean illegal? Did your husband cross the border without inspection? Did he enter on a visa and overstay his authorized amount of time? Was he ordered deported and then reentered without a waiver from the AG?

These questions must be answered prior to making an assessment on your strategy to obtain status and employment authorization.

Re: Immigration

It depends. If your husband entered without inspection (for example, crossing the border) you can start filing the visa petition on his behalf, but he would have to leave the USA to complete the process and ask for a waiver to be allowed to re-enter the USA based on the extreme hardship you and your child would suffer. If your husband entered with a visa, even if it is expired, it is possible he could complete the process in the USA. A person is generally eligible for a work authorization unless they have a pending application for permanent residency. You will need to discuss with an attorney the specifics of your situation to see if your husband qualifies. Feel free to contact me to discuss in private. We offer free initial consultations to Law Guru users. Good luck!

Re: Immigration

It depends on how and when your husband entered the US, if he's travelled and if anything was ever filed for him in the past. If you would like to discuss in more detail, please do not hesitate to contact me.